Rugby-player-turned-49er accused of rape in civil suit

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San Francisco 49ers’ Jarryd Hayne (38) Jermaine Whitehead (38) sits on the bench during their game against the Dallas Cowboys in the fourth quarter of their NFL preseason game at Levi’s Stadium in Santa Clara, Calif., on Sunday, Aug. 23, 2015. (Nhat V. Meyer/Bay Area News Group)

San Francisco 49ers’ Jarryd Hayne (38) runs with the ball against the San Diego Chargers in the third quarter of a NFL preseason game at Levi’s Stadium in Santa Clara, Calif., on Thursday, Sept. 3, 2015. (Ray Chavez/Bay Area News Group)

San Francisco 49ers’ Jarryd Hayne (38) heads onto the field during their game against the San Diego Chargers in the third quarter of their NFL preseason game at Levi’s Stadium in Santa Clara, Calif., on Thursday, Sept. 3, 2015. (Nhat V. Meyer/Bay Area News Group)

San Francisco 49ers running back Jarryd Hayne is stopped by Detroit Lions defensive end Darryl Tapp (52) during the first half of an NFL football game, Sunday, Dec. 27, 2015, in Detroit. (AP Photo/Jose Juarez)

San Francisco 49ers’ Jarryd Hayne (38) runs with the ball on a punt return against the San Diego Chargers in the fourth quarter of a NFL preseason game at Levi’s Stadium in Santa Clara, Calif., on Thursday, Sept. 3, 2015. (Ray Chavez/Bay Area News Group)

San Francisco 49ers’ Jarryd Hayne (38) runs with the ball on a punt return against the Minnesota Vikings in the second quarter of their NFL game at Levi’s Stadium in Santa Clara, Calif., on Monday, Sept. 14, 2015. (Nhat V. Meyer/Bay Area News Group)

San Francisco 49ers’ Jarryd Hayne (38) fumbles a punt return against Minnesota Vikings’ Audie Cole (57) and Minnesota Vikings’ Robert Blanton (36) in the first quarter of their NFL game at Levi’s Stadium in Santa Clara, Calif., on Monday, Sept. 14, 2015. (Nhat V. Meyer/Bay Area News Group)

San Francisco 49ers punt returner Jarryd Hayne (38) muffs a punt reception as he’s hit by Minnesota Vikings defender Andrew Sendejo (34) during the first quarter of an NFL football game at Levi’s Stadium in Santa Clara, Calif, on Monday, Sept. 14, 2015. The Vikings recovered the ball. (D. Ross Cameron/Bay Area News Group)

San Francisco 49ers’ Jarryd Hayne (38) runs with the ball against the San Diego Chargers in the third quarter of a NFL preseason game at Levi’s Stadium in Santa Clara, Calif., on Thursday, Sept. 3, 2015. (Ray Chavez/Bay Area News Group)

San Francisco 49ers’ Jarryd Hayne (38) smiles while talking to a teammate on the sidelines during their game against the Dallas Cowboys in the fourth quarter of their NFL preseason game at Levi’s Stadium in Santa Clara, Calif., on Sunday, Aug. 23, 2015. (Nhat V. Meyer/Bay Area News Group)

San Francisco 49ers’ Jarryd Hayne (38) returns a punt return against the Dallas Cowboys in the first quarter of their NFL preseason game at Levi’s Stadium in Santa Clara, Calif., on Sunday, Aug. 23, 2015. (Nhat V. Meyer/Bay Area News Group)

San Francisco 49ers running back Jarryd Hayne waves to fans after a preseason game against the San Diego Chargers in Thursday in Santa Clara. (AP Photo/Tony Avelar)

Jarryd Hayne #38 of the San Francisco 49ers breaks the tackle attempt of Rahim Moore #26 of the Houston Texans in the first half at Reliant Arena at Reliant Park on August 15, 2015 in Houston, Texas. (Photo by Bob Levey/Getty Images)

SANTA CLARA, CA – AUGUST 7: Jarryd Hayne #38 of the San Francisco 49ers runs drills during a practice session at Levi’s Stadium on August 7, 2015 in Santa Clara, California. Hayne formerly played professional rugby in Australia. (Photo by Lachlan Cunningham/Getty Images)

The Santa Clara County District Attorney’s Office reviewed the criminal case and rejected it for insufficient evidence on Oct. 25, 2016, but declined to elaborate further.

Typically, sexual assaults that are reported weeks or months after they allegedly occurred can be difficult to prosecute. Any physical evidence, for instance, is usually limited or non-existent by the time the investigation begins.

The lawsuit says that Ms. V was a virgin at the time and was afraid to come forward for several months, and eventually sought medical treatment for continued vaginal pain in April 2016. The hospital concluded that Ms. V had been sexually assaulted and contacted San Jose police as required by law, said Micha Star Liberty, another attorney for the victim.

Ms. V declined to talk with police at the time but did so the following month, Liberty said.

Hayne and Ms. V knew each other through mutual acquaintances, but did not otherwise have an established relationship, Liberty said. On the night of the alleged rape, Ms. V and her friends met Hayne and his friends at a bar for after-dinner drinks. Liberty said Ms. V became heavily intoxicated and Hayne took her back to his apartment in San Jose.

According to the suit, Ms. V’s final memories were falling face down on a bed, seeing a light from a hallway and continued sharp vaginal pain. She awoke the next morning in a large pool of blood naked, alone and still in significant vaginal pain, Liberty said.

“The victim was a young impressionable woman out with friends in a location and environment she thought she could trust only to find that Mr. Hayne used her level of intoxication and his physical stature to deprive her of the ability to make a personal decision about whether or not she wanted to have sex,” Liberty said. “As a result, she suffered greatly emotionally and physically.”

The district attorney, according to the lawsuit, said that there was not enough evidence to prove the crime of rape beyond a reasonable doubt. The suit includes claims of sexual battery, gender violence, infliction of emotional distress and negligence.

The statement released on Hayne’s behalf said the ex-49er “provided all reasonable assistance” to the district attorney.

When asked why the lawsuit wasn’t filed soon after the district attorney’s decision, Liberty said: “Having represented sexual assault victims for over 17 years, what we know is that the process of mustering the strength and courage to come forward and speak out takes time.”

The 29-year-old Hayne left a high-profile career in Australia to play football for the first time with the 49ers, and he became a summer sensation in making their 2015 roster as a punt returner and running back. He appeared in their first six games, got released on Halloween, returned for their final two games and ultimately announced his retirement from the NFL on May 15, 2016 — around the time Ms. V got in touch with the police.

Hayne then tried out with the Fiji Rugby Sevens team in hopes of participating in the 2016 Olympics in Rio de Janeiro. He did not make that team, and he returned to his native Australia and resumed his rugby-league career, spending the past two years in Queensland before recently re-signing with his native Sydney club.

In a press release issued by the 49ers upon retiring, Hayne said, “I am retiring from the NFL because the Fiji Rugby Sevens team reached out to me about the opportunity to join the team for the upcoming Olympics, and I simply could no pass that chance up. The Olympics has been something I have admired since I was a little boy, and it is an opportunity I feel very similar to me joining the NFL.”

Hayne competed last month for Fiji in the Rugby League World Cup and is back in Sydney with his original rugby-league team, the Parramatta Eels.

Jason Green is a breaking news reporter for the Bay Area News Group. He works week nights and spends most of his time covering crime and public safety. A graduate of UC Santa Barbara and the University of Southern California, he cut his teeth at the Inland Valley Daily Bulletin and the Palo Alto Daily News, and has been with the Bay Area News Group since its inception.